Dear All, Payment of Bonus Act amendment 2015 stayed by Kerala High Court and ordered to effect from 2015-16. Please find scan copy of stay order.
From India, Karimnagar
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25From India, Karimnagar
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Dear Senior, i am working in an Manufacturing company in AP, do this stay will effect on all states or only in kerala?? do all states in india should follow this stay order or not?? please suggest.
From India, Irakam
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From India, Irakam
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No Rakesh. This stay is valid only in Kerala. However this stay would encourage other state employers to file writ petitions in the respective state high courts.
From India, Bangalore
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From India, Bangalore
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Valid only in Kerala for 14-15. For 15-16, it is still applicable (even in Kerala). The legality of the retroactive nature of the legislation seems to be in question. The attached decision is also not final; it is stayed pending final hearing. Other states may or may not follow this decision.
While speaking of the retrospective nature of decisions, there have been a plethora of laws/amendments that have been retroactive in effect.
From India, Pune
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While speaking of the retrospective nature of decisions, there have been a plethora of laws/amendments that have been retroactive in effect.
From India, Pune
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Dear first of all go through the entire stay order, nowhere it is written it is valid for kerala, it is central act. And it is applicable to whole of india. Regards shashi pandey/shish ram uniyal
From India, Lucknow
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From India, Lucknow
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Dear Shri Pandey,
It does not have to be stated in the order. Every high court has jurisdiction over its own territory and not otherwise. That is why on one issue there can be conflicting views of 2 high courts. The Supreme Court is the only authority, the decision of which is binding on the entire country.
From India, Pune
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It does not have to be stated in the order. Every high court has jurisdiction over its own territory and not otherwise. That is why on one issue there can be conflicting views of 2 high courts. The Supreme Court is the only authority, the decision of which is binding on the entire country.
From India, Pune
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Thanks for posting a copy of the HC Stay Order. However, the stay is of a temporary nature, as the main petition is yet to be decided. The stay can still be vacated by the Central Government through a revision petition to the same HC or an appeal to the SC.
As per my interpretation, since the petitioners are two individual parties, not representatives of all employers within Indian territories, and their petition was not of the nature of a PIL, the stay is not likely to have universal application for all employers in India. Therefore, the stay applies only to their individual cases, as one of the reliefs requested through their petition, and not to all employers in India.
However, other employers are free to seek a stay on the analogy of the present stay through their own individual petitions, if they choose to file any. It won't affect them automatically, subject to further interpretation from individual HCs and the SC.
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From India, Delhi
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As per my interpretation, since the petitioners are two individual parties, not representatives of all employers within Indian territories, and their petition was not of the nature of a PIL, the stay is not likely to have universal application for all employers in India. Therefore, the stay applies only to their individual cases, as one of the reliefs requested through their petition, and not to all employers in India.
However, other employers are free to seek a stay on the analogy of the present stay through their own individual petitions, if they choose to file any. It won't affect them automatically, subject to further interpretation from individual HCs and the SC.
Regards
From India, Delhi
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Hi Sir,
The United Plantation only filed a writ petition against the bonus amendment. Here, could you kindly let me know if this stay order will be applicable to all companies, or what? Kindly provide your views.
Regards,
Gobinathan
From India, Hyderabad
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The United Plantation only filed a writ petition against the bonus amendment. Here, could you kindly let me know if this stay order will be applicable to all companies, or what? Kindly provide your views.
Regards,
Gobinathan
From India, Hyderabad
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Yes, I read the same about the amendments online in other articles. As per CA Hitesh, the limit for coverage of employees and the limit for calculation of bonuses has been increased under the act. However, this has been stayed by the Kerala High Court. I am still confused about when these amendments are implemented. Is it retrospective or from 2015/16?
From India, New Delhi
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From India, New Delhi
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Kerala High Court Stay_ Payment of Bonus (Act) Amendment.jpg
RETROSPECTIVE-S TAY-OF-BONUS-AM ENDMENT-BY-ANY- HIGH-COURT-WILL -APPLY-ALL-OVER -INDIA.pdf